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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Ackerley Media Group, Inc. ) File Number: EB-03-AN-040
)
Registrant of Antenna Structure ) NAL/Acct. No. 200432780001
Fairbanks, Alaska ) FRN 0001587039
ASR #1040111 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June
29, 2004
By the Anchorage Resident Agent Office, Western Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture ("NAL"), we find that Ackerley Media Group, Inc.
("Ackerley"), owner of antenna structure #1040111, in
Fairbanks, Alaska, apparently willfully and repeatedly
violated Section 17.57 of the Commission's Rules ("Rules")1
by failing to immediately notify the Commission of a change
in ownership of an antenna structure. We conclude, pursuant
to Section 503(b) of the Communications Act of 1934, as
amended ("Act"),2 that Ackerley is apparently liable for a
forfeiture in the amount of three thousand dollars ($3,000).
II. BACKGROUND
2. On May 21, 2003, agents from the Anchorage
Resident Agent Office inspected the main studio of
television broadcast station KTVF, located in Fairbanks,
Alaska. Ackerley is the licensee of television station
KTVF. According to Commission records, Ackerly was assigned
the license for KTVF from Northern Television, Inc.
(``Northern'') on June 23, 1999. During the inspection,
Ackerley produced an Antenna Structure Registration
(``ASR''), which showed Northern as the owner of antenna
structure #1040111, an antenna structure associated with
KTVF. Ackerley confirmed to the agents that it had acquired
ownership of antenna structure #1040111. The agents advised
KTVF's General Manager of the requirement to change the
ownership information for antenna structure #1040111.
3. On May 22, 2003, agents from the Anchorage Office
inspected antenna structure #1040111, located on the rooftop
of the Northward Building, at the corner of 3rd and Lacey
Streets in Fairbanks, Alaska. The agents found ASR #1040111
posted at the site. At the time of inspection, Commission
records indicated Northern as the owner of the antenna
structure. On June 3, 2003, and August 18, 2003, a search
of the Commission's ASR database by an Anchorage agent
indicated that Northern was the owner of antenna structure
#1040111. On April 7, 2004, another search of the
Commission's ASR database by an Anchorage agent indicated
that Northern was the owner of antenna structure #1040111.
III. DISCUSSION
4. Section 503(b) of the Act provides that any person
who willfully fails to comply substantially with the terms
and conditions of any license, or willfully fails to comply
with any of the provisions of the Act or of any rule,
regulation or order issued by the Commission thereunder,
shall be liable for a forfeiture penalty. The term
"willful" as used in Section 503(b) has been interpreted to
mean simply that the acts or omissions are committed
knowingly.3 The term ``repeated'' means the commission or
omission of such act more than one or for more than one
day.4
5. Section 17.57 of the Rules requires the owner of
an antenna structure to immediately notify the Commission,
using FCC Form 854, upon any change in structure height or
change in ownership information.5 Ackerley is the owner of
antenna structure #1040111, located in Fairbanks, Alaska.
Agents from the Anchorage Resident Agent Office advised
Ackerley on May 21, 2003 of the requirement to submit to the
Commission information for ASR #1040111 to reflect Ackerly's
ownership. Additional searches of Commission's ASR records
by an Anchorage agent on June 3 2003, and August 18, 2003,
revealed the owner of antenna structure #1040111 as
Northern. Another search of the ASR records on April 7,
2004, continued to indicate that Northern was the current
owner of the antenna structure.
6. Ackerly was given notice by the Anchorage agents
on May 21, 2003 that it was required to change the ownership
information filed with the Commission concerning antenna
structure #1040111. Ackerly has failed to change this
information, therefore it appears that its violation of
Section 17.57 is willful. Further, it appears that this
violation has occurred on more than one day, thus, it is
repeated. Based on the evidence before us, we find that
Ackerley willfully and repeatedly violated Section 17.57 of
the Rules by failing to immediately notify the Commission of
a change in ownership information for antenna structure
#1040111.
7. Pursuant to The Commission's Forfeiture Policy
Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines, ("Forfeiture Policy
Statement"), and Section 1.80 of the Rules, the base
forfeiture amount for failure to file required forms or
information with the Commission is $3000.6 In assessing the
monetary forfeiture amount, we must also take into account
the statutory factors set forth in Section 503(b)(2)(D) of
the Act, which include the nature, circumstances, extent,
and gravity of the violations, and with respect to the
violator, the degree of culpability, and history of prior
offenses, ability to pay, and other such matters as justice
may require.7 Applying the Forfeiture Policy Statement and
the statutory factors, we conclude that a $3,000 forfeiture
is warranted.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Communications Act of 1934, as
amended, and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules, Ackerley Media Group, Inc. is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of three thousand dollars ($3,000) for violations of
Section l7.57 of the Rules.8
9. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Commission's Rules within thirty days of the
release date of this Notice of Apparent Liability for
Forfeiture, Ackerly Media Group, Inc. shall pay the full
amount of the proposed forfeiture or shall file a written
statement seeking reduction or cancellation of the proposed
forfeiture.
10. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the
Federal Communications Commission, to the Forfeiture
Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.
The payment must include the FCC Registration Number (FRN)
and the NAL/Acct. No. referenced in the caption.
11. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Western
Region, Anchorage Resident Agent Office, P.O. Box 221849,
Anchorage, AK, 99522-1849 and must include the NAL/Acct. No.
referenced in the caption.
12. The Commission will not consider reducing or
canceling a forfeiture in response to a claim of inability
to pay unless the petitioner submits: (1) federal tax
returns for the most recent three-year period; (2) financial
statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable
and objective documentation that accurately reflects the
petitioner's current financial status. Any claim of
inability to pay must specifically identify the basis for
the claim by reference to the financial documentation
submitted.
13. Requests for payment of the full amount of this
Notice of Apparent Liability for Forfeiture under an
installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.9
14. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Spectrum
Enforcement Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street S.W., Washington,
D.C. 20554. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one
of the definitions set forth in the list provided by the
FCC's Office of Communications Business Opportunities (OCBO)
set forth in Attachment A of this Notice of Apparent
Liability. This information will be used for tracking
purposes only. Your response or failure to respond to this
question will have no effect on your rights and
responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of
the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
15. IT IS FURTHER ORDERED THAT a copy of this Notice
of Apparent Liability for Forfeiture shall be sent by
Certified Mail, Return Receipt Requested, and regular mail,
to Ackerley Media Group, Inc., 2625 South Memorial Drive,
Suite B, Tulsa Oklahoma 74129.
FEDERAL COMMUNICATIONS
COMMISSION
Marlene Windel
Resident Agent,
Anchorage Resident Agent
Office, Western Region
Enforcement Bureau
Enclosure: FCC List of Small Entities
_________________________
147 C.F.R. § 17.57.
247 U.S.C. § 503(b).
3Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed
under Section 503(b) of the Act, provides that "[t]he term
'willful', when used with reference to the commission or
omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any
intent to violate any provision of this Act or any rule or
regulation of the Commission authorized by this Act...."
See Southern California Broadcasting Co., 6 FCC Rcd 4387
(1991).
4Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
also applies to violations for which forfeitures are
assessed under Section 503(b) of the Act, provides that
"[t]he term 'repeated', when used with reference to the
commission or omission of any act, means the commission or
omission of such act more than once or, if such commission
or omission is continuous, for more than one day.''
547 C.F.R. § 17.57.
612 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303
(1999); 47 C.F.R. §1.80.
747 U.S.C. § 503(b)(2)(D).
847 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80, 17.57.
9See 47 C.F.R. § 1.1914.